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2006 proposed fee schedule - American Society of Clinical Oncology

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228<br />

retain its current exception rate (and puts that decision in<br />

writing), that decision cannot be subsequently rescinded or<br />

reversed.<br />

● Current paragraph (k) would be removed.<br />

● Current paragraph (l) would be redesignated as<br />

<strong>proposed</strong> paragraph (j)<br />

● Current paragraph (m) would be redesignated as<br />

<strong>proposed</strong> paragraph (k). In the past, a pediatric facility<br />

denied an exception rate would have to wait until a<br />

subsequent exception window opened to file a new request.<br />

We are proposing to revise redesignated paragraph (m) to<br />

state that a pediatric ESRD facility that has been denied an<br />

exception rate may immediately file another exception<br />

request. Any subsequent exception request would be required<br />

to address and document the issues cited in our denial<br />

letter.<br />

(2) Proposed Revisions to §413.182 (Criteria for approval<br />

<strong>of</strong> exception requests)<br />

We propose to revise this section to state that CMS may<br />

approve exceptions to a pediatric ESRD facility's<br />

prospective payment rate if the pediatric facility did not<br />

have an approved exception rate as <strong>of</strong> October 1, 2002.<br />

The <strong>proposed</strong> revised section would also state that the<br />

pediatric facility would be required to demonstrate, by<br />

convincing objective evidence, that its total per treatment

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